95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4402


 
Introduced , by Rep. James H. Meyer - Carolyn H. Krause
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/11-9.4









    Amends the Criminal Code of 1961.  Provides that it is a Class 4 felony for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.
















LRB095 15089 RLC 41050 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4402

LRB095 15089 RLC 41050 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 11-9.4 as follows:
 



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    (720 ILCS 5/11-9.4)

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    (Text of Section after amendment by P.A. 95-640)
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    Sec. 11-9.4. Approaching, contacting, residing, or 
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communicating with a
child within certain places by child sex 
10
offenders
prohibited.

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    (a) It is unlawful for a child sex offender to knowingly be 
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present in any
public park building or on real property 
13
comprising any public park
when persons under the age of
18 are

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present in the building or on the grounds
and to approach, 
15
contact, or communicate with a child under 18 years of
age,

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unless the
offender
is a parent or guardian of a person under 
17
18 years of age present in the
building or on the
grounds.

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    (b) It is unlawful for a child sex offender to knowingly 
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loiter on a public
way within 500 feet of a public park 
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building or real property comprising any
public park
while 
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persons under the age of 18 are present in the building or on 
22
the
grounds
and to approach, contact, or communicate with a 
23
child under 18 years of
age,
unless the offender
is a parent or 
 


 






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guardian of a person under 18 years of age present in the

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building or on the grounds.

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    (b-5) It is unlawful for a child sex offender to knowingly 
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reside within
500 feet of a playground, child care institution, 
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day care center, part day child care facility, or a facility 
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providing programs or services
exclusively directed toward 
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persons under 18 years of age.  Nothing in this
subsection (b-5) 
8
prohibits a child sex offender from residing within 500 feet
of 
9
a playground or a facility providing programs or services 
10
exclusively
directed toward persons under 18 years of age if 
11
the property is owned by the
child sex offender and was 
12
purchased before the effective date of this
amendatory Act of 
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the 91st General Assembly. Nothing in this
subsection (b-5) 
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prohibits a child sex offender from residing within 500 feet
of 
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a child care institution, day care center, or part day child 
16
care facility if the property is owned by the
child sex 
17
offender and was purchased before the effective date of this

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amendatory Act of the 94th General Assembly.

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    (b-6) It is unlawful for a child sex offender to knowingly 
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reside within
500 feet of the victim of the sex offense.  
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Nothing in this
subsection (b-6) prohibits a child sex offender 
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from residing within 500 feet
of the victim
if the property in 
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which the child sex offender resides is owned by the
child sex 
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offender and was purchased before the effective date of this

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amendatory Act of the 92nd General Assembly.

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    This subsection (b-6) does not apply if the victim of the 
 


 






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sex offense
is 21 years of age or older.

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    (c) It is unlawful for a child sex offender to knowingly 
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operate, manage,
be employed by, volunteer at, be associated 
4
with, or knowingly be present at
any: (i) facility providing

5
programs or services exclusively directed towards persons 
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under the age of 18; (ii) day care center; (iii) part day child 
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care facility; (iv) child care institution, or (v) school 
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providing before and after school programs for children under 
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18 years of age.
This does not prohibit a child sex offender 
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from owning the real property upon
which the programs or 
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services are offered or upon which the day care center, part 
12
day child care facility,  child care institution, or school 
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providing before and after school programs for children under 
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18 years of age is located, provided the child sex offender

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refrains from being present on the premises for the hours 
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during which: (1) the
programs or services are being offered or 
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(2) the day care center, part day child care facility, child 
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care institution, or  school providing before and after school 
19
programs for children under 18 years of age is operated.

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    (c-5) It is unlawful for a child sex offender to knowingly 
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operate, manage, be employed by, or be associated with any 
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county fair when persons under the age of 18 are present.

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    (c-6)  It is unlawful for a child sex offender to knowingly 
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offer or provide any programs or services to persons under 18 
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years of age in his or her residence or the residence of 
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another or in any facility for the purpose of offering or 
 


 






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providing such programs or services, whether such programs or 
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services are offered or provided by contract, agreement, 
3
arrangement, or on a volunteer basis. 
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    (d) Definitions.  In this Section:


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        (1) "Child sex offender" means any person who:


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            (i) has been charged under Illinois law, or any 
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        substantially similar
federal law
or law of another 
8
        state, with a sex offense set forth in
paragraph (2) of 
9
        this subsection (d) or the attempt to commit an 
10
        included sex
offense, and:


11
                (A) is convicted of such offense or an attempt 
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            to commit such offense;
or


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                (B) is found not guilty by reason of insanity 
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            of such offense or an
attempt to commit such 
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            offense; or


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                (C) is found not guilty by reason of insanity 
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            pursuant to subsection
(c) of Section 104-25 of the 
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            Code of Criminal Procedure of 1963 of such offense

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            or an attempt to commit such offense; or


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                (D) is the subject of a finding not resulting 
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            in an acquittal at a
hearing conducted pursuant to 
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            subsection (a) of Section 104-25 of the Code of

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            Criminal Procedure of 1963 for the alleged 
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            commission or attempted commission
of such 
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            offense; or


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                (E) is found not guilty by reason of insanity 
 


 






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            following a hearing
conducted pursuant to a 
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            federal law or the law of another state 
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            substantially
similar to subsection (c) of Section 
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            104-25 of the Code of Criminal Procedure
of 1963 of 
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            such offense or of the attempted commission of such 
6
            offense; or


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                (F) is the subject of a finding not resulting 
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            in an acquittal at a
hearing
conducted pursuant to 
9
            a federal law or the law of another state 
10
            substantially
similar to subsection (a) of Section 
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            104-25 of the Code of Criminal Procedure
of 1963 
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            for the alleged violation or attempted commission 
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            of such offense; or


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            (ii) is certified as a sexually dangerous person 
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        pursuant to the
Illinois
Sexually Dangerous Persons 
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        Act, or any substantially similar federal
law or the 
17
        law of another state, when any conduct giving rise to 
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        such
certification is committed or attempted against a 
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        person less than 18 years of
age; or


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            (iii) is subject to the provisions of Section 2 of 
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        the Interstate
Agreements on Sexually Dangerous 
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        Persons Act.


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        Convictions that result from or are connected with the 
24
    same act, or result
from offenses committed at the same 
25
    time, shall be counted for the purpose of
this Section as 
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    one conviction.  Any conviction set aside pursuant to law is

 


 






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    not a conviction for purposes of this Section.


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        (2) Except as otherwise provided in paragraph (2.5), 
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    "sex offense"
means:


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            (i) A violation of any of the following Sections of 
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        the Criminal Code of
1961: 10-7 (aiding and abetting 
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        child abduction under Section 10-5(b)(10)),

7
        10-5(b)(10) (child luring), 11-6 (indecent 
8
        solicitation of a child), 11-6.5
(indecent 
9
        solicitation of an adult),
11-9 (public indecency when 
10
        committed in a school, on the real property
comprising 
11
        a school, on a conveyance owned, leased, or contracted 
12
        by a
school to transport students to or from school or 
13
        a school related activity, or
in a public park),
11-9.1 
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        (sexual exploitation of a child), 11-15.1 (soliciting 
15
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
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        juvenile prostitution), 11-18.1
(patronizing a 
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        juvenile prostitute), 11-19.1 (juvenile pimping),

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        11-19.2 (exploitation of a child), 11-20.1 (child 
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        pornography), 11-20.3 (aggravated child pornography), 
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        11-21 (harmful
material), 12-14.1
(predatory criminal 
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        sexual assault of a child), 12-33 (ritualized abuse of 
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        a
child), 11-20 (obscenity) (when that offense was 
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        committed in any school, on
real property comprising 
24
        any school, on any conveyance owned,
leased, or 
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        contracted by a school to transport students to or from 
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        school or a
school related activity, or in a public 
 


 






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        park).  An attempt to commit any of
these offenses.


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            (ii) A violation of any of the following Sections 
3
        of the Criminal Code
of 1961, when the victim is a 
4
        person under 18 years of age: 12-13 (criminal
sexual 
5
        assault), 12-14 (aggravated criminal sexual assault), 
6
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
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        criminal sexual abuse).  An attempt to commit
any of 
8
        these offenses.


9
            (iii) A violation of any of the following Sections 
10
        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age and the defendant is
not a 
12
        parent of the victim:


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            10-1 (kidnapping),


14
            10-2 (aggravated kidnapping),


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            10-3 (unlawful restraint),


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            10-3.1 (aggravated unlawful restraint).


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            An attempt to commit any of these offenses.


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            (iv) A violation of any former law of this State 
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        substantially
equivalent to any offense listed in 
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        clause (2)(i) of this subsection (d).


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        (2.5) For the purposes of subsection (b-5) only, a sex 
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    offense means:


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            (i) A violation of any of the following Sections of 
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        the Criminal Code of
1961:


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                10-5(b)(10) (child luring), 10-7 (aiding and 
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            abetting child abduction
under Section 
 


 






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            10-5(b)(10)), 11-6 (indecent solicitation of
a

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            child), 11-6.5 (indecent solicitation of an 
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            adult), 11-15.1 (soliciting for a
juvenile

4
            prostitute), 11-17.1 (keeping a place of juvenile 
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            prostitution), 11-18.1
(patronizing a juvenile 
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            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
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            (exploitation of a child), 11-20.1 (child 
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            pornography), 11-20.3 (aggravated child 
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            pornography), 12-14.1
(predatory criminal sexual 
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            assault of a child), or 12-33 (ritualized abuse of 
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            a
child).  An attempt
to commit any of
these 
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            offenses.


13
            (ii) A violation of any of the following Sections 
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        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age: 12-13 (criminal
sexual 
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        assault), 12-14 (aggravated criminal sexual assault),

17
        12-16 (aggravated criminal sexual abuse), and 
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        subsection (a) of Section 12-15
(criminal sexual 
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        abuse).  An attempt to commit
any of these offenses.


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            (iii) A violation of any of the following Sections 
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        of the Criminal Code
of 1961, when the victim is a 
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        person under 18 years of age and the defendant is
not a 
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        parent of the victim:


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            10-1 (kidnapping),


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            10-2 (aggravated kidnapping),


26
            10-3 (unlawful restraint),


 


 






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            10-3.1 (aggravated unlawful restraint).


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            An attempt to commit any of these offenses.


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            (iv) A violation of any former law of this State 
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        substantially
equivalent to any offense listed in this 
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        paragraph (2.5) of
this subsection.


6
        (3) A conviction for an offense of federal law or the 
7
    law of another state
that is substantially equivalent to 
8
    any offense listed in paragraph (2) of this
 subsection (d) 
9
    shall constitute a conviction for the purpose of
this 
10
    Section.  A finding or adjudication as a sexually dangerous 
11
    person under
any federal law or law of another state that 
12
    is substantially equivalent to the
Sexually Dangerous 
13
    Persons Act shall constitute an adjudication for the

14
    purposes of this Section.


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        (4) "Public park" includes a park, forest preserve, or

16
    conservation
area
under the jurisdiction of the State or a 
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    unit of local government.


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        (5) "Facility providing programs or services directed 
19
    towards persons
under
the age of 18" means any facility 
20
    providing programs or services exclusively
directed 
21
    towards persons under the age of 18.


22
        (6) "Loiter" means:


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            (i) Standing, sitting idly, whether or not the 
24
        person is in a vehicle or
remaining in or around public 
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        park property.


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            (ii) Standing, sitting idly, whether or not the 
 


 






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        person is in a vehicle
or remaining in or around public 
2
        park property, for the purpose of committing
or

3
        attempting to commit a sex offense.


4
        (7) "Playground" means a piece of land owned or 
5
    controlled by a unit
of
local government that is designated 
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    by the unit of local government for use
solely or primarily 
7
    for children's recreation.

8
        (8) "Child care institution" has the meaning ascribed 
9
    to it in Section 2.06 of the Child Care Act of 1969.

10
        (9) "Day care center" has the meaning ascribed to it in 
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    Section 2.09 of the Child Care Act of 1969.
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        (10) "Part day child care facility" has the meaning 
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    ascribed to it in Section 2.10 of the Child Care Act of 
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    1969.

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    (e) Sentence.  A person who violates this Section is guilty 
16
of a Class 4
felony.

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(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, 
18
eff. 6-1-08; revised 10-30-07.)